Tag Archives: Latker

The failed Bayh-Dole bargain, 2

We are working through an article about the possibility that the federal government might use march-in to address unreasonable pricing for Xtandi. The case for march-in is as strong as any could be. But to get at this issue, our … Continue reading

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Undermining Bayh-Dole by relying on it? 2

We are working through an op/ed published in April 2021 by Niels Reimers, one of the recognized university TLO leaders from the 1970s on. We are working through it now because the Bayh-Dole Coalition is using quotes from it to … Continue reading

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Latkerstein’s Monster, 2

The monopoly meme argument is that no one would have ever received any cisplatin if not for an exclusive license to motivate a big drug company to “develop” the drug as a product. Left out is the idea that the … Continue reading

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Latkerstein’s Monster, 1

I ran a Twitter thread on this topic. Here’s more of the same. The Bayh-Dole Coalition describes Bayh-Dole as part of a “delicate balance of the university techtransfer system.” My experience differs. There is no “delicate balance.” Bayh-Dole is a … Continue reading

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How they screwed over Senator Long and inventors after Bayh-Dole

The miracle of Bayh-Dole came about, so the story is told, because Senator Long, the arch-critic of Bayh-Dole (“the worst bill I’ve seen in my life”), suddenly flipped his position to give Senator Bayh a consolation gift for losing his … Continue reading

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The use of the patent system for federal research results, 2: Why universities patent

For an account that covers reasonably well the context for universities getting involved in patenting, see Elizabeth Popp Berman’s 2006 paper “Why Do Universities Patent? The Role of the Federal Government in Creating Modern Technology Transfer Practice” (draft here). What … Continue reading

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 3

Norman Latker, formerly patent counsel at the NIH and chief architect of Bayh-Dole and its extension by Presidential memorandum to all federal contracting, argues that if federal inventions are not privately owned and exploited for their exclusionary and financial value, … Continue reading

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk, 2

Let’s return to Norman Latker’s talk from 1984, “Federal Initiatives for Innovation.” Keep in mind, Latker drafted the IPA master agreement, the Bayh-Dole Act, Reagan’s 1983 memorandum that displaced the Kennedy and Nixon patent policies, the 1984 amendments to Bayh-Dole … Continue reading

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Senator Nelson on the problem of “public interest” in federal patent policy, 2

The federal public policy for inventions made in federally funded work then becomes “whatever the contractor that hosts the work chooses to do, so long as the contractor files a patent application.” In Bayh-Dole, there’s no federal review of a … Continue reading

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Learning from Latker’s 1984 “Federal Initiatives for Innovation” Talk

In 1984 Norman Latker, who as NIH patent counsel drafted the Bayh-Dole Act on the sly, gave a talk (“Federal Initiatives For Innovation“) to the American Intellectual Property Association. At the time, Latker worked for the Department of Commerce, and … Continue reading

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